World Book Day, Copyright, and Google Book Search

On March 22nd the Southern District Court of New York rejected the Google Books Settlement. One of the central issues of the Google Books Settlement was the burden on Copyright holders to opt out of having their works digitized by Google. Instead, the burden is put on Google to obtain rights by having Copyright holders opt in. What does this mean for the extraordinary database Google has constructed of digitized works? What contents are already available in Google Books?

On March 16th the World Book Day game was reposted from Facebook to the PubLib Listserve:

“It’s that time again – World Book Day. Grab the book closest to you right now. Open to page 56 and choose the 5th sentence. Publish it as your status and write these rules as a comment. Don’t choose – PICK UP the CLOSEST BOOK. Don’t say what the book is about.”

The World Book Day game on Facebook is apparently a derivation of World Book Day as explained here by Judy Turner :

Briefly, the day’s official name is World Book and Copyright Day (also known as International Day of the Book or World Book Days. It is celebrated yearly,except in the UK and the Republic of Ireland where the first Thursday in March was chosen as the date. The commemoration was organized by UNESCO to promote reading, publishing and copyright and was first observed in 1995.

Many PubLib subscribers posted the fifth sentence on the 56th page of the book closest to them on PubLib. Running the sentences through Google Book Search yielded many of the titles. Google sells many of these titles through the eBookstore, so it stands to reason that many of the copyright holders would have given permission to digitize. Do the searches that do not appear represent opting out? It also stands to reason if the 56th page of a book is available through Google Book search, the rest of the book would also be available. Does this mechanism of being able to search a book in its entirety still represent fair use? And, what are the books that were closest to the PubLib readers who participated in the game?

The 56th page fifth sentences follow. The sentences do not necessarily correspond to the 56th page of the edition scanned, but each sentence was available in its entirety:

This is only a test

By similar reasoning, it was held in U.S. v. Jacobsen (1984) that field testing of a white powder uncovered by a private search was no search, as it would only reveal whether the powder was an illegal substance.” ~ Robert Balliot – Criminal Procedure Constitutional Limitations – Jerold H. Israel and Wayne R. LaFave -2006 – ( Editor: this was not in Google Book Search – is this an example of opting out by Thomson West?)

“Locally crafted of walnut, mahogany, and sometimes cypress, these knobs are identical to examples made in the eastern United States and continued to appear on both bench-made and factory-made furniture through the nineteenth century.”~ Audrey Jo DeVillier – na

“Paul knew that if he meant to make it in show business he had to go ‘down south’, even though southerners had a reputation for being unfriendly and condescending to northerners such as himself.” ~ Mark P. Hasskarl – Fab: An Intimate Life of Paul McCartney – Page 56 – Howard Sounes – 2010 – 634 pages

“Mainly a place for jewelers to pick up stock, ordinary mortals, too, can rummage the sparklers and invest in either loose gems or unique pieces of fine jewelry.”~ Gair Helfrich – na

“Like her he scanned the shadows, the deep pits of dark.” ~ Patrice Matujec – na

“And later, after her gentle care, she could see the trusting look in his eyes”. ~ Deb Yoder – A Moment in Time – Judith Gould – 2001 – 323 pages

“What these men had to eat and drink Is what we say and what we think.” ~ Myers, Leigh – Selected poems John Crowe Ransom – 1969 – 159 pages – More editions

“I can do without the snake’s help this time.” ~ Charli Osborne – na

“Like its rival Laphroaig, this [Lagavulin] is a very distinctive malt.” ~ Diane Swint Levin

“Is she awake yet?” ~ Darla Wegener – na

“”We won’t be doing that, Sheriff Barnett.'” ~ Glenda Pate – na

“It’s my mother.” ~ Betsy Cherednik – na

After agreeing to the new, harsher terms, Johnston surrendered his once-great army on April 26, 1865. ~ Melissa Davidson – Insiders’ Guide to Civil War Sites in the Southern States- John McKay – 2005 – 384 pages

When the poet Claude McKay reviewed Shuffle Along for The Liberator magazine, he made a point of praising its all-black production because some black radicals ‘were always hard on Negro comedy…hating to see themselves as a clowning race.’ ~ Kathleen Stipek – Anything Goes: A Biography of the Roaring Twenties- Lucy Moore – 2010 – 352 pages

Since then, staff have followed up and worked with them to identify things they will do. ~ Carolyn Rawles-Heiser – na

“”Eileen, achora, I hear someone come tapping.” ~ Cindy Rosser – na

Install A-B-C fire extinguishers in the home and teach family members how to use them. ~ Dianne Harmon – It’s a disaster! … and what are you gonna do about it?: a … – Page 56 Bill Liebsch, Janet Liebsch – 2006 – 268 pages

Finally Ethel walked out on him and went to perform at a Black club called Egg Harbor, then landed at Rafe’s Paradise where the patrons were white. ~ Judy Turner – na

It was characteristic of not only the Platonic but the Xenophonic Socrates. ~ Bill Manson – na

The very worst poetry of all perished with it creator Paula Nancy millstone Jennings of Greenbridge, Essex, England in the destruction of the planet Earth. ~ Diane Doty – The Hitchhiker’s Guide to the Galaxy – Page 58 Douglas Adams – 1997 – 208 pages

Those to whom the power of election is transferred must observe the provisions of law concerning an election and, for the validity of the election, they must observe the conditions attached to the compromise, unless these conditions are contrary to the law. Conditions which are contrary to the law are to be regarded as non-existent. ~ Paula Laurita – The code of canon law: new revised English translation Catholic Church, Canon Law Society of Great Britain and Ireland, Canon Law Society of Australia and New Zealand – 1997 – 508 pages

“The boy wondered and grieved that she could not eat; and when, putting his arms around her neck, he tried to wedge some his cake into her mouth, it seemed to her that the rising in her throat would choke her.” ~ Brad Leifer – Uncle Tom’s cabin, or, Life among the lowly – Harriet Beecher Stowe – 1852

“The rep was described as what we termed “UK-6 Aristocracy Dapper-12,” which meant that he had a fine pencil mustache and spoke as though he were from the Royal Academy of Dramatic Art.” ~ Catherine McCullough Les – One of Our Thursdays Is Missing – Jasper Fforde – 2011 – 384 pages

“All the same, she saw him go with regret.” Betty Neels, The Awakened Heart. ! ~ Carrie Braaten (Editor: not in Google Books but the line partially repeats – A Good Wife – Page 32 Betty Neels – 2009 – 192 pages – Shall I go up?’ Serena gave him a tired ‘Hello.’She was both tired and very worried, her hair hanging down herback … be along presently,’ he told her, ‘ and I’m sure your brothers will see to everything.’ She saw him go with regret. ..) – na.

“The amount of material on reserve for a course should be reasonable in relation to the total amount of reading assigned for the course;” ~ Kim Rutter – The librarian’s copyright companion – Page 56 James S. Heller – 2004 – 257 pages

“She is not for sale,” the father answered. ~ Marla – na

However, Sebastiano gained his greatest fame after moving to Rome in 1511. ~ Jessica Rogoz – The World Book Encyclopedia: Volume 1 World Book, Inc – 2007 – 22 pages

Most teams don’t have such a complete back; they’re more likely to have one of each, so defenses can take their next cues from the formation. ~ Sandra Ferguson – na

“Provides training and educational assistance to build a productive workforce.” ~ James B. Casey – Illinois handbook of government Illinois. Office of Secretary of State – 2001

I will continue to nurse, ride on her ody, and sleep in her nest for more than six years. ~ Judi Bugniazet – na

What he needed was to dull his senses as much as he could, staying just sober enough not to be completely tongue-tied. ~ Connie Jo Ozinga – na

From the beer bottles strewn about like passed out drunks, and the cheese doodle dust coating his chest and face, it was pretty clear what he’d been up to. ~ David Faulkner – Red-Headed Stepchild – Jaye Wells – 2009 – 342 pages

“At one end of the bar the television set was on, but the sound had been muted.” ~ Celia Bandelier – P is for peril – Sue Grafton – 2001 – 352 pages

“A robot is already a spare part.” ~ Brock Peoples – na

“He furnished himself with shirts and all the other things he could, following the advice the innkeeper had given him; and when this had been accomplished and completed, without Panza taking leave of his children and wife, or Don Quixote of his housekeeper and niece, they rode out of the village one night, and no one saw them, and they traveled so far that by dawn they were certain they would not be found even if anyone came looking for them.” ~ Lisa Guidarini – The First Part of the Delightful History of the Most Ingenious … – Miguel de Cervantes Saavedra – 1909

“Other patrons push their chairs back; the front door opens and shuts, then opens but doesn’t shut as Hattie steels herself to explain about radon, and about how the cancer had already spread by the time they found it – to his liver and brain before anyone knew a thing. “ ~ Laura Carroll – World and Town – Page 56 – Gish Jen – 2010 – 386 pages

Badawi scratched his chin thoughtfully. ~ Ann Perrigo – na

“Frey and others such as Versaci are part of a growing number of educators encouraging read3ers to see comics as a legitimate literary form.” ~ Joann D. Verostko – na

“An old and inconvenient term still used to designate a color mixed with black.” ~ Teresa – na

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